UNITED STATES V. FINNELL, 185 U. S. 236 (1902)

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U.S. Supreme Court

United States v. Finnell, 185 U.S. 236 (1902)

United States v. Finnell

No. 623

Submitted February 28, 1902

Decided April 21, 1902

185 U.S. 236


The district and circuit courts of the United States are always open for the transaction of some business which may be transacted under the orders of the judge in his absence, and on such transaction rest the plaintiff's claims in this case, which the court sustain as business which could be transacted by the clerk in the absence of the judge, following the departmental construction of the statutes.

Of course, if that construction were obviously or clearly wrong it would be the duty of the court to so adjudge; but if there simply be doubt as to the soundness of that construction, the action of the government in conformity with it for many years should not be overruled except for cogent reasons.

The case is stated in the opinion of the Court.


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